Ballback's Adm'r v. Boland-Maloney Lumber Co.

Opinion op the Court by

Judge Rees —

Affirming.

Preston Leon Ballback, a boy nine years seven months of age, was struck and killed by a truck owned *649and operated by tbe Boland-Maloney Lumber Company. In an action for damages against tbe Lumber Company by tbe administrator of tbe boy’s estate, tbe jury returned a verdict for tbe defendant. A reversal of tbe judgment is sought on two grounds: (1) Errors in tbe instructions; and (2) insufficiency of the evidence to sustain tbe verdict.

Tbe accident happened on East Cray Street in Louisville on June 27, 1946, about 3 o’clock in tbe afternoon.…